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March 12 2007 at 11:25 PM
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  (Login mbrower925)

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Hello,

I've been in the United States since I was 6 years old, I am 22 now. I'be been married to a US citizen for 4 years and I have a little 3 year old little girl. My daughter is handicapped and I am currently attending college. I've been told that I needed to leave the states in order for me to continue with my case. Is there anything that I can apply for in order for me to continue with my studies and continue helping my daughter with her health. Please let me know as soon as possible. Thank you so much!

melisa


A worried mother and wife!

 
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(Login immigrateusa)
Forum Owner

Applying for a Green Card : §245(i) or an I-601 Extreme Hardship Waiver

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January 30 2008, 5:04 AM 

If you’ve been told that you have to leave the US to continue your case, I presume it’s because you were brought to the country illegally (EWI) when you were a little kid and have no proof of a legal entry.

In that case, there are 2 possible options. First, you’d be eligible to remain in the US to pursue your case if you qualify under §245(i) of the US immigration law. That provision of law requires that you be the beneficiary (or the daughter of a beneficiary) of an I-130 petition, I-140 petition, or Labor Certification filed before April 30, 2001.

The second option would be to leave the country – making you subject to the 10-year unlawful presence bar – and apply for an I-601 extreme hardship waiver based on your daughter’s condition.

If you’d like to further discuss your case with me, please contact us to schedule a telephone consultation.

Attorney Edward Weiner
E-mail : E.Weiner@immigration-aux-usa.com
Phone : + 1 (617) 889-0215
Internet Site : http://www.immigration-aux-usa.com

 
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